Many couples in Orange County might rely on medical assistance for growing their families. Older couples, spouses experiencing fertility challenges and same-sex couples are among those who might rely on in vitro fertilization (IVF) or even surrogacy to expand their families.
Typically, the professionals assisting the aspiring parents with the expansion of their family create numerous embryos at once and use cryogenic storage to keep them stable indefinitely. Sometimes, those attempting to grow their families through IVF or surrogacy succumb to the intense stress associated with these complex legal and medical matters. They may decide to divorce while there are still embryos in storage.
What typically happens to frozen embryos in cases where couples divorce while they are still in medical cryogenic storage?
Most couples have contracts in place already
The medical professionals assisting with IVF or surrogacy generally require that aspiring parents complete very thorough paperwork before undergoing any medical care. Those documents often include paperwork specifically outlining expectations for the embryos stored in a medical facility.
Most couples have three options for any unused embryos when they complete the IVF process or divorce. Each of those options has financial and ethical implications for spouses to consider.
Many couples opt to retain their remaining embryos in case they want to continue growing their family later. They may agree in advance to continue paying for the storage of their embryos. They may go so far as to address which spouse pays those costs after a divorce.
Others may agree to donate their unused embryos. Some couples know others who want to grow their families and may directly allocate embryos to specific people. Others may agree to surrender them to their health care providers for use by others as needed.
Finally, couples can agree in advance to the destruction of embryos in the event of a divorce. Doing so helps eliminate the possibility of one spouse moving forward with surrogacy or IVF and putting the other in a position where they suddenly have parental responsibilities forced on them after the end of a relationship.
Those concerned about what might happen with any remaining embryos may need to review the documents they signed with their medical provider. These contracts typically govern the decisions about embryos during divorce proceedings.
Spouses preparing for a divorce in Orange County during or after IVF procedures may worry about medical expenses and other complications associated with medically-assisted reproduction. Reviewing key documentation with a divorce attorney can help a concerned spouse understand the likely outcome in their specific case.